Second Circuit — Copyright Infringement: Unclaimed Property Recovery Service, Inc. v. Kaplan

U.S. Court of Appeals for the Second Circuit

Copyright Infringement

Legal Documents — Irrevocable Authorization

Unclaimed Property Recovery Service, Inc. v. Kaplan
12-4030
Judges Leval, Katzmann and Hall

Background: The plaintiffs appealed from the dismissal of its claim of copyright infringement. The claim arose when the plaintiffs authorized the clients of the defendant attorney to file a legal complaint with exhibits that were created by the plaintiffs. The plaintiffs contend that the defendant attorney’s subsequent amendment of the original documents and filing of amended pleadings infringed on their copyrights.

Ruling: The Second Circuit affirmed. The court held that a holder of a copyright in a litigation document has authorized a party to the litigation to use the document in the litigation. This constitutes an irrevocable authorization to all parties to the litigation, as well as their attorneys and the court, to use the documents thereafter in the litigation throughout its duration.

Paul A. Batista for the plaintiffs-appellants; Norman Alan Kaplan, pro se